Connecticut 2025 Regular Session

Connecticut House Bill HB06896 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 3921 1 of 14
4	4
5	5	General Assembly Raised Bill No. 6896
6	6	January Session, 2025
7	7	LCO No. 3921
8	8
9	9
10	10	Referred to Committee on INSURANCE AND REAL ESTATE
11	11
12	12
13	13	Introduced by:
14	14	(INS)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING ADOPTION OF THE UNIFORM REAL
20	20	PROPERTY TRANSFER ON DEATH ACT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2025) As used in this section and 1
25	25	section 2 of this act: 2
26	26	(1) "Beneficiary" means any person that receives property under a 3
27	27	transfer on death deed; 4
28	28	(2) "Designated beneficiary" means any person designated to receive 5
29	29	property in a transfer on death deed; 6
30	30	(3) "Joint owner" means any individual who owns property 7
31	31	concurrently with one or more other individuals with a right of 8
32	32	survivorship. The term includes a joint tenant. The term does not 9
33	33	include a tenant in common; 10
34	34	(4) "Person" means any individual, corporation, business trust, estate, 11
35	35	trust, partnership, limited liability company, association, joint venture, 12
36	36	public corporation, government or governmental subdivision, agency 13
37	37	Raised Bill No. 6896
38	38
39	39
40	40
41	41	LCO No. 3921 2 of 14
42	42
43	43	or instrumentality, or any other legal or commercial entity; 14
44	44	(5) "Property" means any interest in real property located in this state 15
45	45	which is transferable on the death of the owner; 16
46	46	(6) "Transfer on death deed" means any deed authorized under 17
47	47	section 2 of this act; and 18
48	48	(7) "Transferor" means any individual who makes a transfer on death 19
49	49	deed. 20
50	50	Sec. 2. (NEW) (Effective October 1, 2025) (a) The provisions of this 21
51	51	section shall apply to any transfer on death deed made before, on or 22
52	52	after October 1, 2025, by a transferor dying on or after October 1, 2025. 23
53	53	(b) The provisions of this section shall not affect any method of 24
54	54	transferring property otherwise permitted under the laws of this state. 25
55	55	(c) Any individual may transfer property to one or more beneficiaries 26
56	56	effective at the transferor's death by a transfer on death deed. 27
57	57	(d) A transfer on death deed is revocable even if such transfer on 28
58	58	death deed or another instrument contains a contrary provision. 29
59	59	(e) A transfer on death deed is nontestamentary. 30
60	60	(f) The capacity required to make or revoke a transfer on death deed 31
61	61	is the same as the capacity required to make a will pursuant to the 32
62	62	provisions of chapter 802a of the general statutes. 33
63	63	(g) Any transfer on death deed shall: (1) Contain the essential 34
64	64	elements and formalities of a properly recordable inter vivos deed, 35
65	65	except that the transfer on death deed shall state that the transfer to the 36
66	66	designated beneficiary is to occur at the transferor's death; and (2) be 37
67	67	recorded before the transferor's death in the public records in the office 38
68	68	of the town clerk of the town in which the property is situated. 39
69	69	(h) Any transfer on death deed shall be effective without: (1) Notice 40
70	70	Raised Bill No. 6896
71	71
72	72
73	73
74	74	LCO No. 3921 3 of 14
75	75
76	76	or delivery to or acceptance by the designated beneficiary during the 41
77	77	transferor's life; or (2) consideration. 42
78	78	(i) Subject to the provisions of subsection (j) of this section, an 43
79	79	instrument is effective to revoke a recorded transfer on death deed, or 44
80	80	any part of such transfer on death deed, if such instrument is: 45
81	81	(1) One of the following: (A) A transfer on death deed that revokes 46
82	82	such deed or part of such deed, either expressly or by inconsistency; (B) 47
83	83	an instrument of revocation that expressly revokes such deed or part of 48
84	84	such deed; or (C) an inter vivos deed that expressly revokes such deed 49
85	85	or part of such deed; and 50
86	86	(2) Acknowledged by the transferor after the acknowledgment of the 51
87	87	transfer on death deed being revoked and recorded before the 52
88	88	transferor's death in the public records in the office of the town clerk of 53
89	89	the town where such deed is recorded. 54
90	90	(j) If any transfer on death deed is made by more than one transferor: 55
91	91	(1) Revocation by any transferor shall not affect such deed as to the 56
92	92	interest of another transferor; and (2) a transfer on death deed of joint 57
93	93	owners is revoked only if such deed is revoked by each of the living joint 58
94	94	owners. 59
95	95	(k) After a transfer on death deed is recorded, it may not be revoked 60
96	96	by a revocatory act on such deed. 61
97	97	(l) The provisions of subsections (i) to (k), inclusive, of this section 62
98	98	shall not limit the effect of an inter vivos transfer of the property. 63
99	99	(m) During any transferor's life, a transfer on death deed shall not: 64
100	100	(1) Affect any interest or right of the transferor or any other owner of 65
101	101	the property, including the right to transfer or encumber the property; 66
102	102	(2) Affect any interest or right of a transferee, even if the transferee 67
103	103	has actual or constructive notice of such deed; 68
104	104	Raised Bill No. 6896
105	105
106	106
107	107
108	108	LCO No. 3921 4 of 14
109	109
110	110	(3) Affect any interest or right of a secured or unsecured creditor or 69
111	111	future creditor of the transferor, even if the creditor has actual or 70
112	112	constructive notice of such deed; 71
113	113	(4) Affect the transferor's or designated beneficiary's eligibility for 72
114	114	any form of public assistance; 73
115	115	(5) Create any legal or equitable interest in favor of the designated 74
116	116	beneficiary; or 75
117	117	(6) Subject the property to claims or process of a creditor of the 76
118	118	designated beneficiary. 77
119	119	(n) Except as provided in the transfer on death deed, this subsection, 78
120	120	subsections (o) to (q), inclusive, of this act, or section 45a-257c, 45a-436, 79
121	121	45a-440, 45a-440a, 45a-441 or 45a-447 of the general statutes, as amended 80
122	122	by this act, on the death of the transferor, the following rules apply to 81
123	123	property that is the subject of a transfer on death deed and owned by 82
124	124	the transferor at death: 83
125	125	(1) Subject to the provisions of subdivision (2) of this subsection, the 84
126	126	interest in the property is transferred to the designated beneficiary in 85
127	127	accordance with the transfer on death deed. 86
128	128	(2) The interest of any designated beneficiary is contingent on the 87
129	129	designated beneficiary surviving the transferor. The interest of any 88
130	130	designated beneficiary that fails to survive the transferor lapses. 89
131	131	(3) Subject to the provisions of subdivision (4) of this subsection, 90
132	132	concurrent interests are transferred to the designated beneficiaries in 91
133	133	equal and undivided shares with no right of survivorship. 92
134	134	(4) If the transferor has identified two or more designated 93
135	135	beneficiaries to receive concurrent interests in the property, the share of 94
136	136	one designated beneficiary which lapses or fails for any reason is 95
137	137	transferred to the other designated beneficiary, or to the other 96
138	138	designated beneficiaries in proportion to the interest of each in the 97
139	139	Raised Bill No. 6896
140	140
141	141
142	142
143	143	LCO No. 3921 5 of 14
144	144
145	145	remaining part of the property held concurrently. 98
146	146	(o) Subject to the provisions of section 47-10 of the general statutes, 99
147	147	any beneficiary takes the property subject to all conveyances, 100
148	148	encumbrances, assignments, contracts, mortgages, liens and other 101
149	149	interests to which the property is subject at the transferor's death. For 102
150	150	purposes of this subsection and section 47-10 of the general statutes, the 103
151	151	recording of the transfer on death deed is deemed to have occurred at 104
152	152	the transferor's death. 105
153	153	(p) If any transferor is a joint owner and is: (1) Survived by one or 106
154	154	more other joint owners, the property that is the subject of a transfer on 107
155	155	death deed belongs to the surviving joint owner or owners with right of 108
156	156	survivorship; or (2) the last surviving joint owner, the transfer on death 109
157	157	deed is effective. 110
158	158	(q) A transfer on death deed transfers property without covenant or 111
159	159	warranty of title even if such deed contains a contrary provision. 112
160	160	(r) Any beneficiary may disclaim all or part of such beneficiary's 113
161	161	interest as provided in sections 45a-578 to 45a-585, inclusive, of the 114
162	162	general statutes. 115
163	163	(s) After any transferor's death, the property that is the subject of an 116
164	164	effective transfer on death deed is subject to claims of the transferor's 117
165	165	creditors, costs of administration of the transferor's estate, the expenses 118
166	166	of the transferor's funeral and disposal of remains, and statutory 119
167	167	allowances to a surviving spouse and children to the extent the 120
168	168	transferor's probate estate is inadequate to satisfy such claims, costs, 121
169	169	expenses and allowances. 122
170	170	(t) If more than one property is transferred by one or more transfer 123
171	171	on death deeds, any claims, costs, expenses or allowances pursuant to 124
172	172	subsection (s) of this section shall be apportioned among such properties 125
173	173	in proportion to such properties' net values at the time of the transferor's 126
174	174	death. 127
175	175	Raised Bill No. 6896
176	176
177	177
178	178
179	179	LCO No. 3921 6 of 14
180	180
181	181	(u) A proceeding to enforce the requirements of subsections (s) and 128
182	182	(t) of this section shall be commenced not later than eighteen months 129
183	183	after the date of the transferor's death. 130
184	184	(v) The following form may be used to create a transfer on death 131
185	185	deed. The provisions of this section govern the effect of such form or 132
186	186	any other instrument used to create a transfer on death deed: 133
187	187	T1 (front of form)
188	188	T2 REVOCABLE TRANSFER ON DEATH DEED
189	189	T3 NOTICE TO OWNER
190	190	T4 You should carefully read all information on the other side of this
191	191	T5 form. You May Want to Consult a Lawyer Before Using This Form.
192	192	T6 This form must be recorded before your death, or it will not be
193	193	T7 effective.
194	194	T8 IDENTIFYING INFORMATION
195	195	T9 Owner or Owners Making This Deed:
196	196	T10 …. ….
197	197	T11 Printed name Mailing address
198	198	T12 …. ….
199	199	T13 Printed name Mailing address
200	200	T14 Legal description of the property:
201	201	T15 ….
202	202	T16 PRIMARY BENEFICIARY
203	203	T17 I designate the following beneficiary if the beneficiary survives me:
204	204	T18 … ….
205	205	Raised Bill No. 6896
206	206
207	207
208	208
209	209	LCO No. 3921 7 of 14
210	210
211	211	T19 Printed name Mailing address, if available
212	212	T20 ALTERNATE BENEFICIARY – Optional
213	213	T21 If my primary beneficiary does not survive me, I designate the
214	214	T22 following alternate beneficiary if that beneficiary survives me:
215	215	T23 …. ….
216	216	T24 Printed name Mailing address, if available
217	217	T25 TRANSFER ON DEATH
218	218	T26 At my death, I transfer my interest in the described property to
219	219	T27 the beneficiaries as designated above.
220	220	T28 Before my death, I have the right to revoke this deed.
221	221	T29 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
222	222	T30 (SEAL)
223	223	T31 …. ….
224	224	T32 Signature Date
225	225	T33 (SEAL)
226	226	T34 …. ….
227	227	T35 Signature Date
228	228	T36 ACKNOWLEDGMENT
229	229	T37 (insert acknowledgment for deed here)
230	230
231	231	(back of form) 134
232	232	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 135
233	233	What does the Transfer on Death (TOD) deed do? When you die, this 136
234	234	deed transfers the described property, subject to any liens or mortgages 137
235	235	Raised Bill No. 6896
236	236
237	237
238	238
239	239	LCO No. 3921 8 of 14
240	240
241	241	(or other encumbrances) on the property at your death. Probate is not 138
242	242	required. The TOD deed has no effect until you die. You can revoke it at 139
243	243	any time. You are also free to transfer the property to someone else 140
244	244	during your lifetime. If you do not own any interest in the property 141
245	245	when you die, this deed will have no effect. 142
246	246	How do I make a TOD deed? Complete this form. Have it 143
247	247	acknowledged before a notary public or other individual authorized by 144
248	248	law to take acknowledgments. Record the form in each town where any 145
249	249	part of the property is located. The form has no effect unless it is 146
250	250	acknowledged and recorded before your death. 147
251	251	Is the "legal description" of the property necessary? Yes. 148
252	252	How do I find the "legal description" of the property? This 149
253	253	information may be on the deed you received when you became an 150
254	254	owner of the property. This information may also be available in the 151
255	255	office of the town clerk for the town where the property is located. If 152
256	256	you are not absolutely sure, consult a lawyer. 153
257	257	Can I change my mind before I record the TOD deed? Yes. If you have 154
258	258	not yet recorded the deed and want to change your mind, simply tear 155
259	259	up or otherwise destroy the deed. 156
260	260	How do I "record" the TOD deed? Take the completed and 157
261	261	acknowledged form to the office of the town clerk of the town where the 158
262	262	property is located. Follow the instructions given by the town clerk to 159
263	263	make the form part of the official property records. If the property is in 160
264	264	more than one town, you should record the deed in each town. 161
265	265	Can I later revoke the TOD deed if I change my mind? Yes. You can 162
266	266	revoke the TOD deed. No one, including the beneficiaries, can prevent 163
267	267	you from revoking the deed. 164
268	268	How do I revoke the TOD deed after it is recorded? There are three 165
269	269	ways to revoke a recorded TOD deed: (1) Complete and acknowledge a 166
270	270	Raised Bill No. 6896
271	271
272	272
273	273
274	274	LCO No. 3921 9 of 14
275	275
276	276	revocation form, and record it in each town where the property is 167
277	277	located; (2) Complete and acknowledge a new TOD deed that disposes 168
278	278	of the same property, and record it in each town where the property is 169
279	279	located; (3) Transfer the property to someone else during your lifetime 170
280	280	by a recorded deed that expressly revokes the TOD deed. You may not 171
281	281	revoke the TOD deed by will. 172
282	282	I am being pressured to complete this form. What should I do? Do 173
283	283	not complete this form under pressure. Seek help from a trusted family 174
284	284	member, friend or lawyer. 175
285	285	Do I need to tell the beneficiaries about the TOD deed? No, but it is 176
286	286	recommended. Secrecy can cause later complications and might make it 177
287	287	easier for others to commit fraud. 178
288	288	I have other questions about this form. What should I do? This form 179
289	289	is designed to fit some but not all situations. If you have other questions, 180
290	290	you are encouraged to consult a lawyer. 181
291	291	(w) The following form may be used to create an instrument of 182
292	292	revocation in accordance with the provisions of subsections (i) to (l), 183
293	293	inclusive, of this section. The provisions of this section govern the effect 184
294	294	of this or any other instrument used to revoke a transfer on death deed. 185
295	295	T38 (front of form)
296	296	T39 REVOCATION OF TRANSFER ON DEATH DEED
297	297	T40 NOTICE TO OWNER
298	298	T41 This revocation must be recorded before you die or it will not be
299	299	T42 effective. This revocation is effective only as to the interests in the
300	300	T43 property of owners who sign this revocation.
301	301	T44 IDENTIFYING INFORMATION
302	302	Raised Bill No. 6896
303	303
304	304
305	305
306	306	LCO No. 3921 10 of 14
307	307
308	308	T45 Owner or Owners of Property Making This Revocation:
309	309	T46 …. ….
310	310	T47 Printed name Mailing address
311	311	T48 …. ….
312	312	T49 Printed name Mailing address
313	313	T50 Legal description of the property:
314	314	T51 ….
315	315	T52 REVOCATION
316	316	T53 I revoke all my previous transfers of this property by transfer on
317	317	T54 death deed.
318	318	T55 SIGNATURE OF OWNER OR OWNERS MAKING THIS
319	319	T56 REVOCATION
320	320	T57 (SEAL)
321	321	T58 …. ….
322	322	T59 Signature Date
323	323	T60 (SEAL)
324	324	T61 …. ….
325	325	T62 Signature Date
326	326	ACKNOWLEDGMENT
327	327	T63 (insert acknowledgment for deed here)
328	328
329	329	(back of form) 186
330	330	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 187
331	331	How do I use this form to revoke a Transfer on Death (TOD) deed? 188
332	332	Complete this form. Have it acknowledged before a notary public or 189
333	333	Raised Bill No. 6896
334	334
335	335
336	336
337	337	LCO No. 3921 11 of 14
338	338
339	339	other individual authorized to take acknowledgments. Record the form 190
340	340	in the public records in the office of the town clerk of each town where 191
341	341	the property is located. The form must be acknowledged and recorded 192
342	342	before your death or it has no effect. 193
343	343	How do I find the "legal description" of the property? This 194
344	344	information may be on the TOD deed. It may also be available in the 195
345	345	office of the town clerk for the town where the property is located. If 196
346	346	you are not absolutely sure, consult a lawyer. 197
347	347	How do I "record" the form? Take the completed and acknowledged 198
348	348	form to the office of the town clerk of the town where the property is 199
349	349	located. Follow the instructions given by the town clerk to make the 200
350	350	form part of the official property records. If the property is located in 201
351	351	more than one town, you should record the form in each of those towns. 202
352	352	I am being pressured to complete this form. What should I do? Do 203
353	353	not complete this form under pressure. Seek help from a trusted family 204
354	354	member, friend or lawyer. 205
355	355	I have other questions about this form. What should I do? This form 206
356	356	is designed to fit some but not all situations. If you have other questions, 207
357	357	consult a lawyer. 208
358	358	(x) In applying and construing the provisions of the Uniform Real 209
359	359	Property Transfer on Death Act set forth in this section and section 1 of 210
360	360	this act, consideration shall be given to the need to promote uniformity 211
361	361	of the law with respect to said act's subject matter among states that 212
362	362	enact said act. 213
363	363	(y) The provisions of this section modify, limit and supersede the 214
364	364	Electronic Signatures in Global and National Commerce Act, 15 USC 215
365	365	Section 7001 et seq., except that nothing in the provisions of this section 216
366	366	modifies, limits or supersedes Section 101(c) of said act, 15 USC Section 217
367	367	7001(c), or authorizes electronic delivery of any of the notices described 218
368	368	in Section 103(b) of said act, 15 USC Section 7003(b). 219
369	369	Raised Bill No. 6896
370	370
371	371
372	372
373	373	LCO No. 3921 12 of 14
374	374
375	375	Sec. 3. Subsection (a) of section 45a-436 of the general statutes is 220
376	376	repealed and the following is substituted in lieu thereof (Effective October 221
377	377	1, 2025): 222
378	378	(a) On the death of a spouse, the surviving spouse may elect, as 223
379	379	provided in subsection (c) of this section, to take a statutory share of the 224
380	380	real and personal property passing under the will of the deceased 225
381	381	spouse. The "statutory share" means a life estate of one-third in value of 226
382	382	all the property passing under the will, real and personal, legally or 227
383	383	equitably owned by the deceased spouse at the time of his or her death, 228
384	384	after the payment of all debts and charges against the estate. The right 229
385	385	to such third shall not be defeated by any disposition of the property by 230
386	386	will or by a transfer on death deed as defined in section 1 of this act to 231
387	387	other parties. 232
388	388	Sec. 4. Subsection (a) of section 45a-447 of the general statutes is 233
389	389	repealed and the following is substituted in lieu thereof (Effective October 234
390	390	1, 2025): 235
391	391	(a) (1) A person finally adjudged guilty, either as the principal or 236
392	392	accessory, or finally found not guilty by reason of mental disease or 237
393	393	defect pursuant to section 53a-13, of any crime under section 53a-54a, 238
394	394	53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-122, 53a-239
395	395	123 or 53a-321, or in any other jurisdiction, of any crime, the essential 240
396	396	elements of which are substantially similar to such crimes, or a person 241
397	397	finally adjudged guilty, or found not guilty by reason of mental disease 242
398	398	or defect, under any of said sections pursuant to this subdivision, shall 243
399	399	not inherit or receive any part of the estate of (A) the deceased victim, 244
400	400	whether under the provisions of any act relating to intestate succession, 245
401	401	or as devisee or legatee, or otherwise under the will of the deceased 246
402	402	victim, or receive any property as beneficiary, including as a beneficiary 247
403	403	of a transfer on death deed, as defined in section 1 of this act, or survivor 248
404	404	of the deceased victim, or (B) any other person when such homicide or 249
405	405	death terminated an intermediate estate, or hastened the time of 250
406	406	enjoyment. For the purposes of this subdivision, an interested person 251
407	407	Raised Bill No. 6896
408	408
409	409
410	410
411	411	LCO No. 3921 13 of 14
412	412
413	413	may bring an action in the Superior Court for a determination, by a 252
414	414	preponderance of the evidence, that an heir, devisee, legatee or 253
415	415	beneficiary of the deceased victim who has predeceased the interested 254
416	416	person would have been adjudged guilty or found not guilty by reason 255
417	417	of mental disease or defect, either as the principal or accessory, under 256
418	418	section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-257
419	419	56a, 53a-122, 53a-123 or 53a-321, had the heir, devisee, legatee or 258
420	420	beneficiary survived. 259
421	421	(2) With respect to inheritance under the will of the deceased victim, 260
422	422	or rights to property as heir, devisee, legatee or beneficiary of the 261
423	423	deceased victim, the person whose participation in the estate of another 262
424	424	or whose right to property as such heir, devisee, legatee or beneficiary 263
425	425	is so prevented under the provisions of this section shall be considered 264
426	426	to have predeceased the deceased victim. 265
427	427	(3) With respect to real property owned in joint tenancy with rights 266
428	428	of survivorship with the deceased victim, such final adjudication as 267
429	429	guilty or finding of not guilty by reason of mental disease or defect shall 268
430	430	be a severance of the joint tenancy and shall convert the joint tenancy 269
431	431	into a tenancy in common as to the deceased victim and the person so 270
432	432	adjudged or found, but not as to any remaining joint tenant or tenants. 271
433	433	Such severance shall be effective as of the time such adjudication or 272
434	434	finding becomes final. When such jointly owned property is real 273
435	435	property, a certified copy of the final adjudication as guilty or finding of 274
436	436	not guilty by reason of mental disease or defect shall be recorded by the 275
437	437	fiduciary of the deceased victim's estate, or may be recorded by any 276
438	438	other interested party in the land records of the town where such real 277
439	439	property is situated. 278
440	440	(4) With respect to personal property owned in joint tenancy with 279
441	441	rights of survivorship with the deceased victim, such final adjudication 280
442	442	as guilty or finding of not guilty by reason of mental disease or defect 281
443	443	shall convert the personal property to property owned solely by the 282
444	444	deceased victim except to the extent that the adjudged guilty person or 283
445	445	Raised Bill No. 6896
446	446
447	447
448	448
449	449	LCO No. 3921 14 of 14
450	450
451	451	person found not guilty by reason of mental disease or defect can prove 284
452	452	by a preponderance of the evidence such person's financial 285
453	453	contributions to such property. 286
454	454	This act shall take effect as follows and shall amend the following
455	455	sections:
456	456
457	457	Section 1 October 1, 2025 New section
458	458	Sec. 2 October 1, 2025 New section
459	459	Sec. 3 October 1, 2025 45a-436(a)
460	460	Sec. 4 October 1, 2025 45a-447(a)
461	461
462	462	Statement of Purpose:
463	463	To adopt the Uniform Real Property Transfer on Death Act.
464	464
465	465	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
466	466	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
467	467	underlined.]
468	468